Terms and Conditions

These General Terms and Conditions (“Terms”) of the sole trader Vojtěch Chládek, with registered office at Velké Kunratické 1355/15, 148 00, Prague 4 - Kunratice, ID No. 10673601, registered in the Trade Register maintained by the Prague 4 City District Office, email: info@mahalo-centrum.cz, phone number: +420 775 020 202 (“We” or “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or based on the purchase agreement (“Agreement”) concluded through the E-shop on the website www.mahalo-shop.cz.

All information regarding the processing of your personal data is contained in the Privacy Policy, which you can find here: https://www.mahalo-shop.cz/terms-of-conditions

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drafted in the Czech language. We may unilaterally amend or supplement the Terms. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, our Agreement is also concluded using means of remote communication, which allow us to reach an agreement without our simultaneous physical presence. The Agreement is thus concluded remotely via the E-shop environment, specifically through the website interface (“E-shop web interface”).

If any part of the Terms conflicts with what we have mutually agreed upon during the purchase process on our E-shop, that specific agreement will take precedence over the Terms.

I. SOME DEFINITIONS

Price: The financial amount you will pay for the Goods;
Shipping Price: The financial amount you will pay for the delivery of the Goods, including the cost of packaging;
Total Price: The sum of the Price and the Shipping Price;
VAT: Value-added tax according to applicable legal regulations;
Invoice: A tax document issued in accordance with the VAT Act for the Total Price;
Order: Your irrevocable proposal to enter into a Purchase Agreement for the Goods with Us;
User Account: An account set up based on the information you provide, which allows for the storage of submitted data and keeps a record of ordered Goods and concluded Agreements;
You: The person purchasing on Our E-shop, legally referred to as the buyer;
Goods: Everything that can be purchased on the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

The purchase of Goods is only possible through the E-shop’s web interface.
When purchasing Goods, it is your responsibility to provide Us with all information correctly and truthfully. Therefore, the information you provide when ordering the Goods will be considered correct and truthful by Us.

III. CONCLUSION OF THE CONTRACT

The Contract with Us can only be concluded in Czech and English.
The Contract is concluded remotely through the E-shop, and the costs associated with the use of remote communication means are covered by You. However, these costs do not differ from the basic rates you pay for using such means (mainly internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use remote communication means.
To conclude the Contract, you must create an Order proposal on the E-shop. The proposal must include the following information:

a) Information about the Goods being purchased (you select the Goods you are interested in by clicking the “Add to Cart” button on the E-shop).

b) Information on the Price, Shipping Cost, method of payment of the Total Price, and the desired method of delivery of the Goods; these details will be entered during the creation of the Order proposal within the user environment of the E-shop, with the Price, Shipping Cost, and Total Price automatically displayed based on the selected Goods and delivery method.

c) Your identification and contact information, such as your name, surname, delivery address, phone number, and email address, to ensure we can deliver the Goods.

d) If the Contract involves regular and repeated deliveries, include the duration of the Goods' supply.
During the creation of the Order proposal, you can change and review the information until the Order is finalized. After reviewing and pressing the “Order with Payment Obligation” button, you will create the Order. Before doing so, you must confirm that you have read and agree to these Terms; otherwise, the Order cannot be created. Confirmation and consent are provided through a checkbox. After pressing the “Order with Payment Obligation” button, all the entered information will be sent directly to Us.
We will confirm your Order as soon as possible after it is received by sending a message to the email address provided in the Order. The confirmation will include an Order summary and these Terms. Our confirmation of the Order constitutes the conclusion of the Contract between You and Us. The Terms in effect on the day of the Order are an integral part of the Contract.
There may be cases where we cannot confirm your Order, such as if the Goods are unavailable or if you order more units than allowed. We will always provide information about the maximum number of Goods in the E-shop, so it should not come as a surprise. If we cannot confirm the Order for any reason, we will contact you and send a modified offer for the Contract. The Contract is concluded when you confirm our offer.
If there is an obvious error in the Price displayed on the E-shop or in the Order proposal, we are not obligated to supply the Goods at that Price, even if you have received an Order confirmation and the Contract has been concluded. In such cases, we will promptly contact you with a modified offer for the Contract. The new Contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we reserve the right to withdraw from the concluded Contract. An obvious error in the Price is, for example, when the Price does not correspond to the usual price of other sellers or if a digit is missing or added.
Upon conclusion of the Contract, you are obligated to pay the Total Price.
If you have a User Account, you can place an Order through it. However, you still have the obligation to verify the accuracy, truthfulness, and completeness of the pre-filled information. The process of creating an Order is the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification information.
In some cases, we allow discounts on Goods purchases. To receive the discount, you must fill in the discount information in the designated field within the Order proposal. If you do so, the Goods will be provided to you at a discounted price.

IV. USER ACCOUNT

You can access your User Account based on your registration on the E-shop.
When registering a User Account, it is your duty to enter all required information correctly and truthfully and to update it in the event of any changes.
Access to the User Account is secured with a username and password. It is your responsibility to keep these login details confidential and not share them with anyone. We are not liable for any misuse of these details.
The User Account is personal, and you are not authorized to allow its use by third parties.
We may cancel your User Account, especially if it has not been used for more than one year or if you breach your obligations under the Contract.
The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software equipment.

V. PRICING AND PAYMENT TERMS, RESERVATION OF OWNERSHIP RIGHTS

The Price is always listed on the E-shop, in the Order proposal, and, of course, in the Contract. In the event of a discrepancy between the Price listed on the E-shop and the Price listed in the Order proposal, the Price listed in the Order proposal will apply, which will always match the Price in the Contract. The Order proposal also specifies the Shipping Cost and the conditions under which shipping is free.
The Total Price is stated, including VAT and all legally mandated fees.
We will require payment of the Total Price after the Contract has been concluded and before the Goods are handed over. You can pay the Total Price using the following methods:

a) Bank Transfer: Payment information will be sent to you as part of the Order confirmation. In the case of a bank transfer, the Total Price is due within 7 days of the order creation.

b) Online Card Payment: Payment will be made through the Shoptet Pay gateway, which is governed by the terms of this payment gateway, available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. For online card payments, the Total Price is due upon order completion.
An invoice will be issued in electronic form after the Total Price is paid and sent to your email address. The invoice will also be physically attached to the Goods and accessible in your User Account.
Ownership rights to the Goods are transferred to you only after you have paid the Total Price and received the Goods. For bank transfers, the Total Price is considered paid once it is credited to Our account; in other cases, payment is considered made at the moment of transaction completion.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

The Goods will be delivered in the manner of your choice, with the following options available:

a) Delivery through transportation companies such as Česká pošta.
Goods can only be delivered within the Czech Republic.
The delivery time for the Goods depends on their availability and the chosen delivery and payment method. The estimated delivery time will be provided in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pickup at the location, you will be informed via email about the possibility of picking up the Goods.
Upon receiving the Goods from the carrier, it is your duty to check the integrity of the packaging. If there are any defects, you must immediately report them to the carrier and us. If the packaging shows signs of unauthorized tampering or intrusion into the shipment, you are not obligated to accept the Goods from the carrier.
If you fail to fulfill your duty to accept the Goods, except in cases according to Section VI.4 of these Terms, it does not constitute a breach of our obligation to deliver the Goods to you. Additionally, non-acceptance of the Goods does not constitute withdrawal from the Contract between us. However, in such cases, we have the right to withdraw from the Contract due to your substantial breach. If we choose to exercise this right, the withdrawal is effective on the day we deliver the notice of withdrawal to you. Withdrawal from the Contract does not affect the right to claim the Shipping Cost or any claim for damages, if applicable.
If the Goods are delivered repeatedly or in a manner different from what was agreed in the Contract due to reasons on your part, you are obligated to reimburse us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address provided in the Contract and are due 14 days from the delivery of the email.
The risk of damage to the Goods passes to you at the moment you accept them. If you do not accept the Goods, except in cases according to Section VI.4 of these Terms, the risk of damage passes to you at the moment you had the opportunity to accept the Goods but did not do so due to reasons on your part. The transfer of risk means that from this moment on, you bear all consequences related to loss, destruction, damage, or any deterioration of the Goods.
If the Goods were not listed as in stock on the E-shop and only an approximate availability time was provided, we will always inform you in the case of:

a) An extraordinary production outage of the Goods, in which case we will inform you of the new expected availability time or that the Goods will not be available;

b) Delays in the delivery of Goods from our supplier, in which case we will provide you with the new expected delivery time.
If we are unable to deliver the Goods within 30 days after the expiration of the delivery time specified in the Order confirmation, for any reason, both we and you are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time the risk of damage to the Goods passes to you according to Section VI.7 of these Terms, the Goods are free from defects, specifically that:

a) they have the qualities we agreed upon with you, or if not expressly agreed, then the qualities stated in the description of the Goods, or those that can be expected given the nature of the Goods;

b) they are suitable for the purposes we specified or for the purposes usual for such Goods;

c) they correspond to the quality or execution of the agreed sample, if the quality or execution was determined according to the sample;

d) they are of the appropriate quantity and weight;

e) they meet the requirements set by legal regulations;

f) they are not encumbered by third-party rights.
Rights and obligations regarding defective performance are governed by the relevant generally binding legal regulations (particularly Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
If the Goods have a defect, specifically if any of the conditions in Section VII.1 are not met, you can notify us of such defect and exercise your rights from defective performance (i.e., file a complaint) by sending an email or letter to our addresses listed in our identification details. You may also use the complaint form provided by us, which is Annex No. 1 of these Terms. When exercising your right from defective performance, you must choose how you wish to resolve the defect, and this choice cannot be subsequently changed without our consent, except in cases according to Section 7.4. We will handle the complaint in accordance with your exercised right from defective performance. If you do not choose a way to resolve the defect, you have the rights mentioned in Section 7.5 even if the defective performance was a substantial breach of the Contract.
If the defective performance constitutes a substantial breach of the Contract, you have the following rights:

a) to have the defect removed by delivering new Goods without defects or by delivering the missing part of the Goods;

b) to have the defect removed by repairing the Goods;

c) to receive a reasonable discount on the Price;

d) to withdraw from the Contract.

If you choose to resolve the defect according to points a) or b) and we do not remedy the defect within a reasonable time we specified, or if we inform you that we will not remedy the defect at all, you have rights according to points c) and d) even if you did not initially request them in the complaint. Additionally, if you choose to remove the defect by repairing the Goods and we find that the defect is irreparable, we will inform you and you can choose another way to resolve the defect.
If the defective performance constitutes a minor breach of the Contract, you have the following rights:

a) to have the defect removed by delivering new Goods without defects or by delivering the missing part of the Goods;

b) to have the defect removed by repairing the Goods;

c) to receive a reasonable discount on the Price.

However, if we do not remedy the defect on time or refuse to remedy the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to repeated occurrences of defects after the repair or due to a larger number of defects.
In the case of both substantial and minor breaches, you cannot withdraw from the Contract or request the delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) if the condition of the Goods has changed due to inspection to determine the defect;

b) if the Goods were used before the defect was discovered;

c) if the inability to return the Goods in their original condition was not caused by your actions or omissions;

d) if, before discovering the defect, you sold, consumed, or altered the Goods during their usual use; however, if this happened only partially, you are obligated to return the part of the Goods that can be returned, and in such a case, you will not be refunded the part of the Price corresponding to the benefit derived from using the part of the Goods.
Within 3 days of receiving the complaint, we will confirm to your email address that we have received the complaint, when we received it, and the estimated time for handling the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. The deadline may be extended by mutual agreement. If the deadline expires without action, you may withdraw from the Contract.
We will inform you of the resolution of the complaint by email. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or proofs of transport costs. If the defect is remedied by delivering new Goods, you are obligated to return the original Goods to us, but we will cover the costs of this return.
If you are a business, you are obligated to report and point out the defect without undue delay after you could have discovered it, but no later than three days from receiving the Goods.
If you are a consumer, you have the right to assert rights from defective performance for a defect that occurs with consumer Goods within 24 months from receiving the Goods.
Provisions regarding rights from defects do not apply in the case of:

a) Goods sold at a lower Price for a defect for which the lower Price was agreed;

b) wear and tear of Goods caused by their usual use;

c) used Goods for defects corresponding to the degree of use or wear and tear that the Goods had when you received them;

d) when it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, meaning termination of the contractual relationship between us and you from the beginning, can occur for reasons and in ways specified in this section, or in other provisions of the Terms where the possibility of withdrawal is explicitly stated.
If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without stating a reason within 14 days from the day of receipt of the Goods in accordance with Section 1829 of the Civil Code. If we have concluded a Contract for several types of Goods or for the delivery of several parts of Goods, this period starts from the day of delivery of the last part of the Goods. If we have concluded a Contract for the regular and repeated delivery of Goods, the period starts from the day of delivery of the first shipment. You may withdraw from the Contract by any demonstrable means (especially by sending an email or letter to our addresses listed in our identification details). You can also use the withdrawal form provided by us, which is Annex No. 2 of these Terms.
However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:

a) Goods whose Price depends on fluctuations in the financial market beyond our control and may occur during the withdrawal period;

b) Delivery of alcoholic beverages which can only be delivered after thirty days and whose Price depends on fluctuations in the financial market beyond our control;

c) Goods that have been customized according to your wishes or for your person;

d) Goods subject to rapid decay and Goods that have been irreversibly mixed with other goods after delivery;

e) Goods in a sealed package that have been removed from the package and cannot be returned for hygienic reasons;

f) Delivery of sound or video recordings or computer programs if the original packaging has been violated;

g) Delivery of newspapers, periodicals, or magazines;

h) Delivery of digital content if not delivered on a tangible medium and provided with your prior express consent before the expiration of the withdrawal period, and we have informed you that you do not have the right to withdraw from the Contract.
The withdrawal period according to Section VIII.2 of the Terms is considered observed if you send us a notice of withdrawal during its duration.
In the case of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to an account chosen for the withdrawal from the Contract. However, the amount will not be refunded before we receive the Goods back or before you prove that the Goods have been sent back to us. Please return the Goods clean, if possible including the original packaging.
In the case of withdrawal from the Contract according to Section VIII.2 of the Terms, you are obligated to send the Goods back to us within 14 days from withdrawal and bear the costs associated with the return of the Goods to us. You are entitled to have us refund the shipping cost, but only up to the amount corresponding to the cheapest delivery method offered for the Goods. In the case of withdrawal due to our breach of the Contract, we will also cover the costs associated with the return of the Goods to us, but again only up to the shipping cost corresponding to the cheapest delivery method offered for the Goods.
You are liable for any damage if the Goods are damaged due to your handling of them other than necessary given their nature and properties. We will invoice you for the damage caused after we receive the Goods back, and the payment term for the invoiced amount is 14 days. If we have not yet refunded the Price to you, we are entitled to offset the claim for costs against your claim for the refund of the Price.
We are entitled to withdraw from the Contract at any time before delivering the Goods if there are objective reasons why the Goods cannot be delivered (especially reasons related to third parties or reasons related to the nature of the Goods), even before the expiration of the period specified in Section VI.9 of the Terms. We may also withdraw from the Contract if it is evident that you provided intentionally incorrect information in the Order. If you are purchasing Goods in the course of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without stating a reason.

IX. RESOLUTION OF CONSUMER DISPUTES

We are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code in relation to purchasers.
We handle consumer complaints via the email address info@mahalo-centrum.cz. We will send information about the resolution of the complaint to the purchaser’s email address.
For out-of-court resolution of consumer disputes arising from the Contract, the competent authority is the Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the purchaser who is a consumer from a contract concluded electronically.
The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

X. FINAL PROVISIONS

If our legal relationship involves an international element (for example, if we are sending goods outside the territory of the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.
All written correspondence will be delivered to you electronically. Our email address is listed in our identification details. We will deliver correspondence to your email address provided in the Contract, in your User Account, or through which you have contacted us.
The Contract can only be modified based on our written agreement. However, we are entitled to change and supplement these Terms, but such changes will not affect Contracts already concluded, only Contracts concluded after the effectiveness of the change. We will inform you of the change only if you have created a User Account (so that you have this information in case you order new goods, although the change does not give rise to the right of termination, as we do not have a Contract that could be terminated), or if we are to deliver goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your email address at least 14 days before the effectiveness of the change. If we do not receive a termination of the concluded Contract for regular and repeated deliveries of goods from you within 14 days of sending the information about the change, the new conditions will become part of our Contract and will apply to the next delivery of goods following the effectiveness of the change. The notice period in case of termination is 2 months.
In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational disruptions, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with such force majeure events, and if the force majeure condition lasts for more than 10 days, both we and you have the right to terminate the Contract.
Attachments to the Terms include a sample complaint form and a sample withdrawal form.
The Contract, including the Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will have access to the Contract even without our cooperation. We recommend that you always save the Order confirmation and Terms.
These Terms are effective as of November 24, 2022.

ATTACHMENT NO. 1 - COMPLAINT FORM

Recipient: Vojtěch Chládek, Velké Kunratické 1355/15, 148 00, Prague 4 - Kunratice

Complaint Submission

Date of Contract Conclusion:
Name and Surname:
Address:
Email address:
Item(s) Being Reclaimed:
Description of Product Faults:
Suggested Resolution Method, or Bank Account Number for Issuing a Discount:

I also request a confirmation of the complaint submission, including the date of the claim, the details of the complaint, and my entitlement, as well as the date and method of resolving the complaint.

Date:

Signature:

ATTACHMENT NO. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT

Recipient: Vojtěch Chládek, Velké Kunratické 1355/15, 148 00, Prague 4 - Kunratice

I hereby declare that I withdraw from the Contract:

Date of Contract Conclusion:
Name and Surname:
Address:
Email address:
Specification of the Goods Covered by the Contract:
Method for Returning Received Funds, or Providing Bank Account Number:

If the buyer is a consumer, they have the right, in the case of ordering goods through the e-shop of the individual Vojtěch Chládek, ID 10673601 ("Company"), or other means of distance communication, except in cases mentioned in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the concluded purchase contract within 14 days from the day of receipt of the goods, without providing any reason and without any penalty. This withdrawal should be notified to the Company in writing to the Company's business address or electronically to the email address provided on the sample form.

If a consumer withdraws from the purchase contract, they must send or return the goods received from the Company without undue delay and no later than 14 days from the withdrawal from the purchase contract.

If a consumer withdraws from the purchase contract, the Company will return all payments (purchase price of the delivered goods) including delivery costs received from the buyer based on the purchase contract without undue delay, and no later than 14 days from the withdrawal from the purchase contract, using the same method. If the buyer chose a delivery method other than the cheapest one offered by the Company, the Company will only reimburse the delivery costs corresponding to the cheapest offered delivery method. The Company is not obliged to return the received payments to the buyer before the buyer returns the goods or proves that they have sent the goods to the Company.

Date:

Signature: